54MSecrecy—criminal intelligence assessment information

54M Secrecy—criminal intelligence assessment information

(1) A person commits an offence if: (a) the person is, or has been: (i) a member or an officer of the Tribunal; or (ii) an officer or employee of a Commonwealth agency to which an adverse criminal intelligence assessment has been given under subsection 54D(3); and (b) the person makes a record of, discloses or otherwise uses information; and (c) the information was obtained by the person by reason of, or in the course of, the performance or exercise of the person’s functions, duties or powers as a member or an officer of the Tribunal, or as an officer or employee of the agency; and (d) the information is, is contained in, or relates to, a criminal intelligence assessment.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) Subsection (1) does not apply if the making of the record, disclosure or use: (a) is for the purposes of this Part; or (b) is for the purposes of, or in connection with, the performance or exercise of the person’s functions, duties or powers as a member or an officer of the Tribunal, or as an officer or employee of the Commonwealth agency.

Note 1: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Note 2: Section 276 of the ART Act also deals with the disclosure of certain information and documents by members and officers of the Tribunal.

Note 3: Section 51 of this Act deals with secrecy requirements for the CEO, members of the Board, members of the staff of the ACC and examiners.